The Court of Appeals of Virginia has issued an order to reverse and remand the trial court’s ruling in the contentious “Missing Middle” legal proceedings in Arlington. This order, issued on June 24, has far-reaching implications for all parties involved, with a spectrum of possibilities to be studied and decided upon in the coming weeks. 

The original lawsuit, filed in 2023 by nine homeowners in Arlington, challenged a 2023 ordinance passed by the County Board that provided for expanded housing options on a “by-right” basis (as opposed to requiring discretionary site plan approval, for example). The trial court judge ruled in favor of the plaintiffs on four of their seven claims. The judge entered an order stating that zoning ordinance was “void ab initio” (basically, void from the beginning), with the effect of cancelling approved permits. Construction on existing construction was stopped in its tracks. This June 24, 2025 order by the Court of Appeals was prompted by the filing of a motion by Wilsons Ventures LLC in October of 2024 to intervene in the lawsuit. The company had obtained a permit based on the new ordinance (referred to as the “EHO Ordinance”, for its expanded housing options). The company had nearly completed the new building by October, but the trial court judge denied the motion to intervene. This denial of the motion to intervene is an integral part of the Court of Appeals order. 

The Court of Appeals order includes the following determination: “We conclude that appellees [the plaintiffs] failed to name an indispensable party to those proceedings. This conclusion requires that we do not adjudicate these appeals but reverse the circuit court’s judgment and remand for further proceedings. Thus, we reverse the circuit court’s judgment declaring the Amendment void and prohibiting the Board from acting under the Amendment and remand the cases to the court so necessary parties may be added if the appellees are so inclined”. 

The County Board issued the following statement as part of a press release on June 25:

    The County will consider its next steps and how to best resume the EHO permitting process, including how to     inform previous applicants who were either in the process or had their approved permits voided last fall. The     County will share additional information as decisions are made.

The County Board, and the plaintiffs, have only a few weeks to make decisions as to how to respond to this Court of Appeals ruling.